SH RAJEEV SHUKLA vs SH GOPAL KRISHNA SHUKLA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 10th December 2024 Judgment pronounced on: 07th January 2025 + CM(M) 2342/2024 &CM APPL. 22074/2024 (Stay) SH RAJEEV SHUKLA .....Petitioner Through: Mr. Jaskaran Singh, Mr. Anshul Gupta & Mr. Yash Singh, Advs versus SH GOPAL KRISHNA SHUKLA .....Respondent Through: Mr. D.D. Sharma & Mr. Prashant Yadav, Advs. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. Petition filed under Article 227 of the Constitution of India impugns the orders dated 21.07.2022 and 01.07.2023 in CS 1831/2019 titled “Gopal Krishna Shukla Vs. Rajeev Shukla” passed by the learned trial court. 2. Petitioner is the son of the respondent and is defendant in the Suit for Permanent & Mandatory Injunction and Recovery of Damages filed by the respondent against him. 3. Summons for Settlement of Issues were sent to the petitioner on 04.12.2019, returnable for 29.01.2020. Signature Not Verified Digitally Signed By:SUNITA KUMARI CM (M) 2342/2024 Signing Date:07.01.2025 Page 1 of 6 10:45:40 4. As per list of dates furnished by the petitioner, summons were received on 14.12.2019. Petitioner appeared before the court on 29.01.2019 and sought time to file written statement. 5. Written Statement along with an application for condonation of delay was filed before the court digitally on 22.09.2020. In November 2021, he filed amended written statement. 6. Vide order dated 21.07.2022, trial court dismissed the application for condonation of delay. 7. Respondent filed an application under Section 151 CPC, seeking striking off the defence. The said application was allowed vide order dated 01.07.2023 and the written statement along with amended written statement were taken of the record. 8. Learned counsel for the petitioner ha